इंडियन आवाज़     28 May 2018 01:18:44      انڈین آواز

Triple Talaq issue to be settled soon: SC


Andalib Akhter / New Delhi

The Supreme Court today said it would soon settle the controversy around Triple Talaq, Nikah Halala and polygamy as per the existing laws and Constitutional provisions.

The apex court asked all parties to give their written submissions to the Attorney General (AG) Mukul Rohatgi, by March 30, and the final hearing will start from May 11. The concerned parties will submit a gist of the issues that they want to discuss during hearing. AG will make a compilation of the written submission and present it before the court. Based on these issues, the court will frame certain questions on which the arguments for and against will take place.

The three-judge bench, headed by Chief Justice of India (CJI) Jagdish Singh Khehar, also hinted that the matter may be referred to a larger five judge Constitution bench.

The apex court had earlier in its last hearing clarified that it would not get into the common civil code issue.

The top court had also made it clear that it wants to adjudicate on the triple talaq issue as it is a matter involving a person’s human rights.

The apex court on February 14 termed ‘triple talaq’ as an issue of human rights, and said that it will not hear the petitions related to Uniform Civil Code along with it as it was a different matter altogether.


“It’s a matter of human rights, so we would deal with it properly,” the court said.

A bench of the apex court said so after hearing the plea filed by one Shayara Banu, who had moved the apex court challenging the validity of triple talaq.

Several women have filed a petition before the Supreme Court seeking the quashing of the triple talaq practice. The Central Government has also told the top court that it is against gender injustice and for equality between men and women under the Constitution.

One of the petitioner’s Shayara 38, stirred a hornet’s nest after she moved the Supreme Court to challenge the triple talaq under Muslim personal law, under which a man simply has to utter ‘talaq’ thrice to divorce his wife.

Shayara has also challenged in the apex court the concept of ‘nikah-halal’, under which a woman must consummate another marriage in order to go back to her first husband if she wants to. She also wants to outlaw polygamy within a Muslim marriage.

In December last year, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word “talaq” thrice as unconstitutional.

The court further observed that the triple talaq practice sanctioned under Muslim Personal Law that governs marriage, property and divorce violates the rights of Muslim women.

“Triple talaq is unconstitutional, it violates the rights of Muslim women,” ruled the High Court, adding that no personal law board is above the Constitution.

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